THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12


 ISSUE CONTENTS:  

 

1. On the application by military courts of procedural legislation when considering administrative and civil cases.

Kharitonov S.S., Colonel of the Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru

 The article discusses some issues of the application of procedural law by military courts. The need for analysis, generalization and improvement of the judicial practice of applying the norms of procedural legislation is substantiated, which will ultimately allow for effective judicial protection of violated or disputed rights of participants in the process.

Keywords: military courts, procedural rules, judicial practice, military man

 

2. On the issue of regulatory regulation of control (supervision) in the field of arms trafficking.

Nazarov I.S., Head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military order of Zhukov Institute of the national guard of the Russian Federation, Ph. D., associate Professor, pvsvpo@mail.ru

Shenshin V.M., Deputy head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military order of Zhukov Institute of the national guard of the Russian Federation, Ph. D., pvsvpo@mail.ru

Abstract: in the article the authors investigate the most important aspects of legal regulation of the implementation of the functions of control (supervision) in the field of arms trafficking carried out by Rosgvardiya.

Keywords: control (supervision), weapons, regulatory legal regulation, ROS guard.

 

3. About some features of the law enforcement practice in collecting money (property damage) from foreign citizens who have served under the military service under the contract (on the example of the Border Directorate of the FSB of Russia in the Republic of Armenia).

Kichigin N.V., Senior Researcher Legal Research Center, pvsvpo@mail.ru

Kokoulin A.V., Researcher Legal Research Center, pvsvpo@mail.ru

Resume: The article discusses the features of law enforcement practice in collecting money (material damage) from foreign citizens who have served under the military service under a contract and give a practical example. A legal analysis of international treaties (agreements), the legislation of the Russian Federation and the Republic of Armenia on the enforcement of court decisions on the territory of the Republic of Armenia is carried out, an algorithm of actions by officials to organize the activities in question is presented.

Key words: border authorities, military personnel liability, recognition of decisions of the courts of the Russian Federation in the Republic of Armenia, international treaties.

 

4. Artificial intelligence in the rule-making process - the flip side of the coin (on the example of legislation on "Veterans of Military Service").

Skovorodko A. V., Candidate of the Department of constitutional and administrative law of the National Research University Higher School of Economics, pvsvpo@mail.ru

The article is devoted to the analysis of possible risks associated with the use of artificial intelligence technologies in law-making activities.

The author expresses the idea of the need to develop a mechanism to eliminate the violation of human and civil rights when introducing appropriate methods into the legislative process and systematization of law.

Keywords: rule-making process, monitoring of law enforcement, information search, detection of implicit links, semantic analysis, artificial intelligence, risks of violation of rights, inaction of authorities, transformation of law, "Veterans of military service".

 

5. Actual legal issues of the division of housing by former spouses, one of which is a participant military mortgage system (based on court practice).

Manannikov D.Y., сandidate of Legal Sciences, pvsvpo@mail.ru

Abstract:  the article provides examples from judicial practice on the division of living quarters by former spouses, one of which is a member of the funded mortgage system of the military, analyzes the main legal positions formed by the courts of general jurisdiction on this issue, concludes that additional legal regulation is necessary in this area with taking into account the specifics of housing for military personnel.

Keywords: mortgage, loan, serviceman, military service, former spouses.

 

6. The constitutional right to housing of military personnel of the citizens of the Russian Federation - problems of legal understanding, interpretation and implementation.

Nieder S.A., Commander of the battalion of cadets of the Novosibirsk Military Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, pvsvpo@mail.ru

 In the article, the author examined the negative law enforcement practice, according to which the housing commissions (bodies) of military units remove from the housing register (refuse to register for housing) military personnel who, in their opinion, have already realized their right to receive housing from the state in family composition of their parents.

Keywords: housing commission, military personnel, housing registration, obtaining housing.

 

7. Criminal liability of servicemen of the republic of Belarus: features of adequate skills and worthless subject.

Bruyako A.N., Lecturer in the cycle of state law disciplines  Department of Legal Disciplines of the Faculty of Internal Troops of the Educational Institution «Military Academy of the Republic of Belarus», lieutenant colonel of justice, pvsvpo@mail.ru

The article made an analysis of the characteristics and qualifications appropriate unfit subject for the legal regulation of the legal (criminal) liability of military personnel in the Republic of Belarus, carried out the study of problems in this area, develop guidelines for the implementation of practical activities with proper skill and useless entity in the study area.

Keywords: military service, criminal liability, soldier, special subject.

 

8. Actual problems of verification of the message about the event with signs of a crime.

Shenshin V.M., deputy head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military order of Zhukov Institute of the national guard of the Russian Federation, Ph. D., pvsvpo@mail.ru

Abstract: the article raises problematic issues regarding the verification of the message about the event with signs of a crime, indicates the need to determine the status of the person against whom the verification of the message about the event with signs of a crime is carried out.

Keywords: soldier, checking the message about the event with signs of a crime, criminal procedure law.

 

9. Administrative responsibility for the loss of military records.

Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru

The article considers the grounds of administrative responsibility for the loss of documents of military registration. The author gives a General description of the offense under article 21.7 of the Code of administrative offenses of the Russian Federation, and examines some issues arising in the implementation of this rule in practice.

Keywords: military department, military registration, military card, con-script, administrative offence, administrative responsibility, statute of limitations, corpus delicti, violation of procedural requirements, appeal, protocol, resolution, administrative fine.

 

10. About ensuring legality at preparation of citizens for military service and a call for military service.

Koryakin V. M., doctor of law, Professor, Professor of the Department of military administration, administrative and financial law of the Military University; Kharitonov V. S., student of the faculty of law of the all-Russian state University of justice (RPA of the Ministry of justice of Russia)

The article deals with some issues of ensuring the legality by means of prosecutorial supervision of the preparation of citizens for military service and conscription as forms of military duty. Some problems in this area requiring the adoption of regulatory and organizational measures are identified.

Keywords: legality, Prosecutor's supervision, military duty, mandatory training of citizens for military service, conscription.

 

11. Modern tendencies of legal regulation of the activity of private military and security companies.

Kholikov I.V., Deputy Rector of the Russian State University of JUSTICE, Doctor of Law, Professor, pvsvpo@mail.ru

Saifullin E.K., Master's Degree Student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, pvsvpo@mail.ru

Okocha V.A., Assistant Chief of Military University, pvsvpo@mail.ru

Abstract. The article deals with the issues of international-legal regulation of the activity of private military and security companies (PMSC) in the context of their similarities and deifferences with mercenaries. The historical background of these phenomenas is studied, the comparative-legal characteristics of their status are provided. The major focus is applied to the norms of international humanitarian law, regulating the duties, rights and responsibilities of the armed conflict participants.

The two major tendencies of legal regulation of PMSC’s activity are considered: the “Swiss Initiative” based on non binding legal norms, in particular, the Montreux Document, and classic international-legal regulation based on the Draft International Convention on the Regulation, Oversight and Monitoring Of Private Military and Security Companies.

Keywords: private military and security companies, mercenaries, armed conflicts, international law, military and security services, Montreux Document, Draft International Convention.

 

12.Measuring the legal protection of sovereignty, sovereign rights and state jurisdiction.

Grigoriev A.G., Specialist of OOO "Center for  Expertise and Legal Protection" Ph.D. in Law, pvsvpo@mail.ru

The establishment of qualitative and quantitative indicators characterizing the legal protection of sovereignty, sovereign rights and jurisdiction of the state is due to the need to formulate conceptual provisions characterizing the transformation of events, facts, phenomena of the frontier sphere of public relations into legal categories of output information of the system of legal protection of the legitimate interests of the state in the frontier sphere. The article substantiates the methodology for measuring the legal protection of sovereignty, sovereign rights and the jurisdiction of the state based on the consideration of qualitative and quantitative indicators of such protection. Scientific provisions can be used to rank the importance of tasks in the formation of legal protection of the legitimate interests of the state by state authorities of the Russian Federation.

Keywords: state sovereignty, the sovereign rights of the state, the jurisdiction of the state, the legitimate interests of the state, the measurement of security.

 

13. About defects in legal technology (using the example of a ban on military personnel writing about military relations).

Glukhov E.A., candidate of legal sciences, pvsvpo@mail.ru

Resume: the article analyzes the norms of legislation introducing a ban on military personnel to disseminate information in the media or on the Internet if it relates to the activities of military personnel, military units and their officials. The author comes to the conclusion that the ban imposed by law is extremely wide and identifies areas of activity that have become banned for military personnel. New wordings of the law adversely affect public control in the military environment, counteraction to corruption in it, and scientific activity. In conclusion, proposals are made for the adjustment of prohibitions.

Keywords: prohibitions for military personnel, legal and technical uncertainty, dissemination of information, censorship, public control, the Internet.

 

14. The study of crime and law and order in the Russian army in the First World War in the writings of generals A.E. Snesareva and N.N. Golovinа.

Kharabet K.V.,  Colonel  of Justice of the  reserve,  PhD  in  Law,  harabet@mail.ru

 A review analysis  of  the scientific views of the generals of the Russian army A.E. Snesareva and N.N. Golovin on the questions of studying and assessing the state of crime and law and order in the army during the First World War. Proposed by N.N. Golovin’s system of indicators defining the "moral resilience" of troops can be used in modern conditions in the interests of preventing offenses. The findings of A.E. Snesarev about the special significance of the spiritual factor in order to maintain the high combat effectiveness of the army. Brief biographical notes of military scientists  are given.

Keywords: moral resilience of troops, combat losses, warning, crime, morality, military personnel.